Harrell v. White
This text of 21 La. Ann. 195 (Harrell v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant has appealed from a judgment upon a promissory note due January 5, 1861, founded on citation served September 16, 1867. The prescription of five years was pleaded.
It was proved on behalf of plaintiff that in October or November, 1865, the defendant verbally acknowledged the validity of the note and promised to pay it. Prescription, not having then accrued, could be and was thus interrupted. There is no question of renunciation in the case.
The defendant being interrogated on facts and articles as to his acknowledgment of the debt, replied that he had “ no recollection of ever having promised to pay the same,” but he did not deny the acknowledgment.
It is therefore ordered and adjudged that the judgment appealed from be affirmed with costs.
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Cite This Page — Counsel Stack
21 La. Ann. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-white-la-1869.